CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - October 22, 2024
Updated October 17, 2024 – Item 17
Updated October 18, 2024 – Item 18
11:30 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 12:00 P.M. ORAL COMMUNICATIONS, CONSENT, GENERAL BUSINESS AND PUBLIC
HEARINGS, ZOOM/COUNCIL CHAMBERS
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, October 21st
PLEASE NOTE:
Council may take a break(s) as needed.
Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, October 20th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
October 22, 2024 City Council 2
[email protected] [email protected]
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.
Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 420-5030 al menos cinco días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected]. El número del sistema Cal-Relay es: 1-800-735-2922.
Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website: www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 8, Santa Cruz, California, during normal business hours.
Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at:
www.cityofsantacruz.com/government/city-council-meetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 8, Santa Cruz, California, during normal business hours, and at the Council meeting.
Need more information? Contact the City Clerk’s office at 831-420-5030. 11:30 AM
Statements of Disqualification
Closed Session
1. Conference with Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Rosemarie Patricia Slawinski
2) Claimant: Keyan Zokaie
3) Claimant: Judith Anne Baldwin
4) Claimant: Noah J. Sweeters
5) Claimant: Rebecca Barraza
6) Claimant: Barbara Lawrence
Claims against the City of Santa Cruz
2. Conference With Legal Counsel – Anticipated Litigation (Gov’t. Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) October 22, 2024 City Council 3
City Council
12:00 PM
Call to Order
Roll Call
Oral Communications Announcement – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.
Oral Communications
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
3. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Consent Agenda
4. Minutes of the October 8, 2024 City Council Meeting (CC) Motion to approve as submitted.
5. Resolution Setting the Regular Meeting Schedule for the Calendar Year 2025 (CC)
Motion to adopt a resolution setting the 2025 City Council meeting calendar.
October 22, 2024 City Council 4
Consent Agenda (continued)
6. Santa Cruz County Civil Grand Jury Response (CM)
Motion to authorize the Mayor to submit the required response to the Santa Cruz Civil Grand Jury on behalf of the Santa Cruz City Council for the Honoring Commitments to the Public report.
7. License Agreement with Bogard Construction, Inc. for Construction Staging and Access on 125 Coral Street (EDH)
Motion to authorize and direct the City Manager to negotiate and execute License and Lease Agreement(s) and any amendment(s) or extension(s) thereto of a non-substantive nature, in a form acceptable to the City Attorney, 1) with Bogard Construction, Inc. (“Developer”) for construction staging and access at 125 Coral Street (APNs 008-171- 24, and -25); and, 2) with James P. Gillespie and Boni Jean Gillespie, Trustees of Gillespie Revocable Trust, to amend existing lease terms to enable Developer’s use of the property.
8. Year-End Budget Adjustment for Fiscal Year (FY) 2024 (FN) Motion to adopt a resolution amending the FY 2024 budget adjusting annual revenues and expenditures in various funds.
9. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Rosemarie Patricia Slawinski, 2) Keyan Zokaie, 3) Judith Anne Baldwin, 4) Noah J. Sweeters, 5) Rebecca Barraza, and 6) Barbara Lawrence, based on staff recommendation.
10. Request to Hire a CalPERS Retired Annuitant to Fulfill Interim Water Assistant Finance Director Duties During and After Recruitment (HR) Motion to approve a contract to hire a CalPERS Retired Annuitant to fulfill Interim Assistant Finance Director duties for the Water Department while position is vacant and during recruitment and after for cross-training.
October 22, 2024 City Council 5
Consent Agenda (continued)
11. Escalona Drive Storm Drain Rehabilitation (c401610) – Authorization to Advertise and Award (PW)
Motion to approve the Plans and Specifications for the Escalona Drive Storm Drain Rehabilitation (c401610), authorize staff to advertise for bids, award the contract, and find the project exempt under the California Environmental Quality Act. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.
12. Consulting Services for 800 West Cliff Drive - Request for Proposals and Award Contract (PW)
Motion to:
1) Adopt a resolution to amend the FY 2025 budget and appropriate funds in the amount of $2,000,000 to the 800 West Cliff Drive Road Realignment Project (c402515), with approximately 88% of project funding from reimbursement from the Federal Highway Administration Permanent Repair Program and the remaining 12% City match from Fund 221 – Gas Tax for consulting services for 800 West Cliff Drive; and 2) Authorize the issuance of a Request for Proposals (RFP) for Engineering, Environmental/Permitting, Geotechnical and Right of Way services and direct the City Manager to execute a Professional Service Agreement in a form acceptable to the City Attorney. The Public Works Director is authorized to execute contract amendments within the project budget.
13. Highway Safety Improvement Program (HSIP) Cycle 12 - Grant Applications (PW)
Motion to apply for, accept, and appropriate funds from the California Department of Transportation Highway Safety Improvement Program (HSIP) Cycle 12 for three projects: Nonsignalized Intersection Improvement Project, Water Street Protected Bike Lanes, and Citywide Intersection Daylighting.
October 22, 2024 City Council 6
Consent Agenda (continued)
14. City Arterial and Collector Street Reconstruction and Overlay (c400809), Bikeway Striping Minor Improvement Maintenance (m409335), and Bay Drive Protected Bike Lanes and Pedestrian Path (c402304) – Budget Adjustment (PW)
Motion to adopt a resolution to amend the FY 2025 budget and appropriate funds in the amount of $419,949 from unanticipated revenue for expenses for City Arterial and Collector Street Reconstruction and Overlay (c400809), Bikeway Striping Minor Improvement Maintenance (m409335), and Bay Drive Protected Bike Lanes and Pedestrian Path (c402304).
End Consent Agenda
General Business
15. Ordinance Rescinding Uncodified Ordinance No. 1440 – An Ordinance Establishing the Planning Commission and Amending Chapter 18.41.020 – Appointment of Board of Building Appeals and Length of Term (FN) Motion to introduce for publication an ordinance amending Chapter
18.41.020 – Appointment of Board of Building Appeals and Length of Term, and rescinding uncodified Ordinance No. 1440 – An Ordinance establishing the Planning Commission.
16. Downtown Plan Expansion, Downtown Density Bonus, and AntiDisplacement Policy. Location: South of Laurel Street, Roughly Between Center/Cedar Streets and the San Lorenzo River (in Council District 4) and, for a Future Anti-Displacement Policy, Citywide.
Applicant: City of Santa Cruz. (PL)
Motion to:
1) Direct staff to include the Downtown Density Bonus, as discussed in this report, in the forthcoming amendments to the Downtown Specific Plan as a part of the Downtown Plan Expansion Project;
2) Consider options for a funding source that could be used to create a local affordable housing tenant preference for households at risk of displacement; and
3) Acknowledge that the Council’s direction as part of this action is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15306 – Information Gathering.
October 22, 2024 City Council 7
General Business (continued)
Attachments for the below item have been updated.
17. Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Economic Development and Housing, Finance, Fire, Human Resources, Information Technology, Parks and Recreation, Planning and Community Development, Police, Public Works, and Water Departments (HR/FN)
Motion to:
1) Adopt a resolution amending the City’s Classification and Compensation Plans for the FY 2025 budget personnel complement by implementing approved compensation adjustments and position changes in multiple departments as identified in Exhibit 1; and 2) Adopt a resolution amending the FY 2025 budget in the amount of $1,866,590 to fund compensation increases related to the 2021 Compensation Study as identified in Exhibit A.
The below item is removed and will not be discussed.
18. Homeless Garden Project Request for a General Plan Amendment, Zoning Map Amendment, and Local Coastal Program Amendment to Facilitate Continuation and Expansion of Uses at Their Existing Location on the East Side of Shaffer Road, West of Antonelli Pond (2394 Delaware Avenue). Owner: Ronald Swenson. CEQA: Not a Project.
Also, Exempt Pursuant to CEQA Guidelines Section 15306 (Information Collection) and 15061(b)(3) (Common Sense Exemption). (CN) Motion to:
1) Direct staff to process, as expeditiously as possible, the following request from the Homeless Garden Project (HGP), based on HGP’s application:
a) Amend the General Plan 2030 Map to designate the northern 4 acres of the 11-acre Swenson parcel as Agriculture/Grazing (AG) land. b) Amend the Zoning Ordinance to classify these 4 acres as E-A Exclusive Agricultural District.
c) Adopt a Local Coastal Program Amendment for submission to the Coastal Commission to designate these 4 acres as
Agriculture/Grazing (AG) land.
2) Direct staff to address any “no net loss” issue related to Recommendation #1 above when the proposed changes return to the Council for final action; and
October 22, 2024 City Council 8
General Business (continued)
18. Homeless Garden Project Request for a General Plan Amendment, Zoning Map Amendment, and Local Coastal Program Amendment to Facilitate Continuation and Expansion of Uses at Their Existing Location on the East Side of Shaffer Road, West of Antonelli Pond (2394 Delaware Avenue). Owner: Ronald Swenson. CEQA: Not a Project.
Also, Exempt Pursuant to CEQA Guidelines Section 15306 (Information Collection) and 15061(b)(3) (Common Sense Exemption). (CN) (continued)
Continued from page 7
3) Approve of the CEQA determination contained in this agenda report.
The Council’s direction is not a “project” under CEQA. And, even if it were considered to be a CEQA “project” the following exemptions apply: CEQA Guidelines Section 15306 (collection of data, research, and evaluation); and “common sense” exemption (no possibility that the Council’s direction may have a significant effect on the environment.”) (14 Cal Code Regs 15061(b)(3)).
October 22, 2024 City Council 9
Public Hearings
19. 2nd Reading and Final Adoption of Ordinance No. 2024-17 Adding Santa Cruz Municipal Code Section 24.04.095, and Amending Chapters 24.04,
24.08, 24.10, and 24.12, and 2nd Reading and Final Adoption of Ordinance No. 2024-18 Amending Santa Cruz Municipal Code Chapters
21.06, and 24.08; Amending Chapter 24.16 Part 1 and Part 2.
Ordinances Are Related to Accessory Dwelling Units to Maintain Consistency with State Regulations, Clarify Existing Standards, and Require Properties with Rented Accessory Dwelling Units to Enroll in the Residential Rental Inspection Service, and Related to Other Minor Technical Changes Regarding Hearing Bodies for Design Permit Approval. Amendments to Chapter 24.04; Chapter 24.08 Parts 5, 9a, 14, 21, and 22; Chapter 24.10 Parts 3, 4, 5, 6, 6a, 7, 8, 10, 11, 12, 13, 16, 19, 21, and 24(a); and Chapter 24.12 Are Part of the Local Coastal Program Implementation Plan (LCP IP) and Will Require Approval by the California Coastal Commission Prior to Taking Effect Inside the Coastal Zone (CEQA: Exempt Pursuant to CEQA Guidelines Section 15183 as a Project Consistent With the General Plan for Which an EIR Was Certified) (PL)
Motion to:
1) Adopt Ordinance No. 2024-17 adding new Santa Cruz Municipal Code Section 24.04.095 and amending Santa Cruz Municipal Code Chapters
24.04, 24.08, 24.10, and 24.12 related to accessory dwelling units and related to other minor technical changes regarding hearing bodies for design permit approval and comprising parts of the LCP IP; and 2) Adopt Ordinance No. 2024-18 amending Santa Cruz Municipal Code Chapters 21.06 and 24.08 and amending Chapter 24.16 Part 1 and Part 2 related to accessory dwelling units, and rescinding Temporary Ordinance Nos. 2022-22 and 2023-01.
3) Adopt a resolution authorizing the City Manager to submit the proposed amendments within Ordinance No. 2024-17 that are part of the Local Coastal Program as Local Coastal Implementation Plan amendments to the California Coastal Commission for final certification.
October 22, 2024 City Council 10
Public Hearings (continued)
20. Review and Adopt Revised Citywide Fee Update for User Fees – Phase Two for the Departments of Planning and Community Development – Building and Safety Division, Economic Development and Housing, Public Works – Engineering Division, Fire – Marine Safety Division and Prevention Division Schedule. Location: Citywide. CEQA: Exempt 15061(b)(3) (PL/FN)
Motion to:
1) Adopt a resolution:
a) Revising the title of the fee schedule to “Citywide Fee Schedule,” adding all approved Phase Two user fees effective January 1, 2025, confirming annual October Consumer Price Index (CPI) increases and new fees go into effect annually in January, and acknowledging the California Environmental Quality Act exemption for this item;
b) Amending Resolution No. NS-29,231 “A Resolution of the City Council of Adopting the Phase One Fee Increases and the Master Fee Schedule For Fire And Police Departments and the Planning, Public Works Engineering and Special Events Division Fees” with updates to the fees for service for the Planning and Community Development Department – Building and Safety Division, Economic Development and Housing Department, Public Works Department – Engineering Division, Fire Department – Marine Safety Division and Prevention are shown in track changes on Exhibit A to the resolution, “Proposed Changes to Fees for Service”, which reduces, increases, eliminates, or adds fees for service, and these proposed fees do not exceed the cost of providing the services specified; c) Amending Resolution No. NS-30,161 "Resolution of the City Council of the City of Santa Cruz rescinding Resolution No. NS27,559, Expanding the Application of a Six Percent (6%) Technology Surcharge to Certain Fees Charged by the Planning and Community Development, Finance, Public Works, Water, Fire, and Parks and Recreation Departments, and Directing Staff to Take Related Implementing Actions” for the Technology Surcharge of 6% to be imposed for departments and programs utilizing the land management software and incorporate said increase to applicable service fees into the Citywide Fee Schedule, with a footnote that the annual Consumer Price Index increase does not apply to the Technology Surcharge;
October 22, 2024 City Council 11
Public Hearings (continued)
20. Review and Adopt Revised Citywide Fee Update for User Fees – Phase Two for the Departments of Planning and Community Development – Building and Safety Division, Economic Development and Housing, Public Works – Engineering Division, Fire – Marine Safety Division and Prevention Division Schedule. Location: Citywide. CEQA: Exempt 15061(b)(3) (PL/FN) (continued)
Continued from page 10
d) Amend Resolution No. NS-29,798 “Resolution of the City Council of the City of Santa Cruz Revising Code Compliance Related Fees to Flat Rates; Revising the Unified Master Fee Schedule (UMFS) for Planning, Building, Code, and Rental Divisions; and Changing Any Reference to Consumer Price Index Adjustments Occurring Annually in July to Occur in January and Referencing All Fees as Part of the UMFS and Rescinding Resolution No. NS-29,793” to update the Fee Schedule to include the changes set forth in Exhibit A to the resolution, as it relates to the Building and Safety Division, including increasing fees that in 2025 will be under 100 percent cost recovery, increasing to 100 percent cost recovery by 2027 as specified in Exhibit A;
e) Amend Resolution No. NS-28,085 “Resolution of the City Council of the City of Santa Cruz Adopting a New Inclusionary Housing Program Administrative Fee” to update the Citywide Fee Schedule to include the changes as set forth in Exhibit A to the resolution as it relates to the Inclusionary Housing Program; and
f) Amend Resolution No. NS-30,069 “Resolution of the City Council of the City of Santa Cruz Adopting a Fee Schedule for the Regulation of Parklets to Be Placed in the Public Right of Way” to update the Citywide Fee Schedule to include the changes as set forth in Exhibit A to the resolution as it relates to the Parklet Fee Schedule; and
2) Authorize the City Manager to approve budgetary adjustments for the Phase Two fee amendments.
Adjournment
October 22, 2024 City Council 12
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – OCTOBER 22, 2024
21. Parks and Recreation Department: Santa Cruz Museum of Natural History Building Improvement Project Update - 10/22/24 (PKFYI 081)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – OCTOBER 22, 2024
22. Proclaiming the month of October 2024 as “Domestic Violence Awareness Month” and encouraging members of our community to participate in activities during the month of October to raise awareness and work together to prevent violence in our world.
23. Proclaiming Saturday, October 5, 2024 as “Santa Cruz and Shingu Sister Cities Day” and encouraging all citizens to join in celebrating this momentous anniversary between our two cities.
Advisory Body Appointments
The following positions are either currently vacant or the terms are due to expire.
Council will make appointments at a future meeting.
Children’s Fund Oversight Committee One opening – youth organization representative County Latino Affairs Commission One opening – at-large nomination Downtown Commission One opening – at-large nomination
October 22, 2024 City Council 13
Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.
Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.